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SOPHIA ALAWI VS ASHARI M.

ALAUYA
A.M. SDC-97-2-P. February 24, 1997

Facts:
Sophia Alawi, a sales representative of a real estate and housing
company, filed a complaint against Ashari Alauya, the incumbent executive clerk
of court of the 4 th Judicial Shariah District in Marawi City. Alawis complaint is
anchored on Alauyas malicious and libelous charges with no solid grounds
through manifest ignorance and evident bad faith resulting in undue injury to her
honor and established reputation reflected in the letters sent to the company
where Alawi worked. In the communications sent to the Assistant Clerk of Court,
Atty. Alfredo Marasigan, Alauya signed his name with the prefix Atty.
Issue:
Whether or not Alauya is entitled to use the title Attorney?
Ruling:
As regards Alauyas use of the title of Attorney, this Court had already the
occasion to declare that persons who pass the Shariah Bar are not full-fledged
members of the Philippine Bar, hence may only practice law before Shariah
courts. While one who has been admitted to the Shariah Bar, and one who has
been admitted to the Philippine Bar, may both be considered counsellors, in the
sense that they give counsel or advice in a professional capacity, only the latter is
an attorney. The title of attorney is reserved to those who, having obtained the
necessary degree in the study of law and successfully taken the Bar
Examinations, have been admitted to the Integrated Bar of the Philippines and
remain members thereof in good standing; and it is they only who are authorized
to practice law in this jurisdiction.
Alauya says he does not wish to use the title, counsellor or counselor-atlaw, because in his region, there are prejorative connotations to the terms, or it is
confusingly similar to that given to local legislators. The ratiocination, valid or not,

is of no moment. His disinclination to use the title of counsellor does not warrant
his use of the title of attorney.
Alauya is hereby reprimanded for the use of excessively intemperate,
insulting or virulent language, i.e., language unbecoming a judicial officer, and for
usurping the title of attorney; and he is warned that any similar or other
impropriety or misconduct in the future will be dealt with more severly.

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